An Act ENROLLED HOUSE BILL NO. 1441 By: Provenzano, Ranson, and Hefner of the House and Pugh of the Senate An Act relating to schools; amending 70 O.S. 2021, Sections 6-192 and 6-194, as amended by Sectio n 1, Chapter 211, O.S.L. 2022 (70 O.S. Supp. 2022, Section 6-194), which relate to professional development; requiring digital program to be completed at a frequency determined by the board of education; deleting outdated language; authorizing completion of certain programs at a frequency determined by the board; modifying fre quency of child abuse training; establishing maximum amount of mandatory professional development and training in a five-year period; requiring teachers to maintain certain docum entation; amending 70 O.S. 2021, Section 6-194.3, which relates to student mental health training for teachers; modifying frequency of training; am ending 70 O.S. 2021, Section 6-195, which relates to teacher induction programs; authorizing board to establish frequency for training; amending 70 O.S. 2021, Section 11- 103.6j, which relates to workplace safety training curriculum; requiring board to dete rmine frequency of training; amending 70 O.S. 2021, Section 24 - 100.4, which relates to the School Safety and Bullying Prevention Act; altering frequency of bullying prevention training; amending 70 O.S. 2021, Section 24-100.7, which relates to suicide awareness and prevention; adjusting frequency of training; amending 70 O.S. 2021, Section 1210.229- 5, which relates to substance abuse programs; modifying frequency of teacher training; providing an effective date; and dec laring an emergency. SUBJECT: Schools BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: ENR. H. B. NO. 1441 Page 2 SECTION 1. AMENDATORY 70 O.S. 2021, Sect ion 6-192, is amended to read as follows: Section 6-192. A. It is hereby declared to be the intent of the Legislature to establish a profes sional development procedure whereby all teachers in the state continue their education beyond initial certification by the state to ensur e that the children of the state are taught by professional educators, fully prepared in their areas of expertise. Fu rthermore, such professional development procedure shall provide alterna tive means of education, including one or more of the following: In-service programs, higher education courses, or other alternative means of education designed to help teachers enric h their professional abilities. B. The professional development procedu re shall include digital teaching and learning standards to enhan ce content delivery to students and improve student achievement. A local school district board of education shall requ ire a program for teachers which shall emphasize the importance of digit al teaching and learning standards. The program shall be completed the first year a certified teacher is employed by a school district, and then at a frequency as determined by the local board of education. SECTION 2. AMENDATORY 70 O.S. 2021, Section 6-194, as amended by Section 1, Chapter 21 1, O.S.L. 2022 (70 O.S. Supp. 2022, Section 6-194), is amended to read as follows: Section 6-194. A. The district boards of education of this state shall establish professional development p rograms for the certified teachers and administrators of the di strict. Programs shall be adopted by each board based upon recommendations of a professional development committee appoi nted by the board of education for the district. For the fiscal years e nding June 30, 2011, and June 30, 2012, a school district board of education may elect not to adopt and offer a professional development program f or certified teachers and administrato rs of the district. If a school district elects not to adopt and offer a professional development program, the district may expend any monies allocated for professional development for any purpose related to the suppo rt and maintenance of the school distr ict as determined by the b oard of education of the school district. B. Each professional development committee shall include classroom teachers, administrators, school counselors or licensed ENR. H. B. NO. 1441 Page 3 mental health providers, a nd parents, guardians or custodians of children in the school di strict and shall consult with a higher education faculty. A majority of the members of the professional development committee shall be composed of classroom teachers. The teacher members shall be selected by a designated adminis trator of the school district from a list of names submitted by the teac hers in the school district. The members selected shall be subject to the approval of a majority vote of the teachers in the district. C. In developing program recommendations, each professional development committee shall annually utilize a data -driven approach to analyze student data and determine district and school professional development needs. The professional development programs adopted shall be directed toward development o f competencies and instruc tional strategies in the core curriculum areas for the following goals: 1. Increasing the academic performance data scores for the district and each school site; 2. Closing achievement gaps among student subgroups; 3. Increasing student achievement as d emonstrated on state- mandated tests and the AC T; 4. Increasing high school graduation rates; and 5. Decreasing college remediation rates. Each program may also include components on classroo m management and student discipline st rategies, outreach to pare nts, guardians or custodians of students, spec ial education, and racial and ethnic education, which all personnel defined as teachers in Section 1-116 of this title shall be required to comple te on a periodic basis at a frequency as determined by the board of education. The State Board of Education shall provide guidelines to assist school di stricts in developing and implementing racial and ethnic education componen ts into professional development programs. D. At a minimum of once an academic year a A program shall be offered which includes the follo wing information shall be completed the first year a certified teacher is employed by a school district, and then once every fifth academic year: 1. Training on recognition of child a buse and neglect; ENR. H. B. NO. 1441 Page 4 2. Recognition of child sexual abuse; 3. Proper reporting of suspected abuse; and 4. Available resources. E. One time per year, beginning in the 2009-2010 school year, training in the area of autism sh all be offered and all resident teachers of students in early childhood programs through grade three shall be required to complete the autism training during the resident year and at least one time every three (3) years thereafter. All other teachers and education support professionals of students in early childhood programs through grade three shall be required to complete the autism training at least one time every three (3) years. The autism training shall include a minimum awareness of the characteris tics of autistic children, resour ces available and an introduction to positive behavior supports to challenging behavior. Each adopted program shall allow school counselors to receive at least one-third (1/3) of the hours or credit required each year thro ugh programs or courses specifica lly designed for school counselors. Districts are authorized to utilize any means for professional development that is not prohibited by law including, but not limited to, professional development provided by the district, any state agency, institution of higher education, or any pri vate entity. F. One time per year, beginnin g in the 2020-2021 school year, a dyslexia awareness program shall be offered. Beginning in the 2023- 2024 school year, the program sha ll include information and training in dysgraphia. At a minimum, the program shall include: 1. Training in awareness of dysl exia characteristics in students; 2. Training in effective classroom instruction to meet the needs of students with dyslexia; and 3. Available dyslexia resources for teacher s, students and parents. G. Except as otherwise provided for in this subsection, each certified teacher in this state shall be required by the district board of education to meet the professi onal development requirements ENR. H. B. NO. 1441 Page 5 established by the board, or estab lished through the negotiation process. Except as otherwise provided for in this subsection, the professional development requirements established by each board of education shall require eve ry teacher to annually complete a minimum number of the total nu mber of points required to maintain employment; provided, no more than a total of one hundred fifty (150) hours of local, state, or federal professional development or training shall be required for class room teachers during any five- year period. Failure of any teacher to meet district boar d of education professional development requirements may be grounds for nonrenewal of such teacher's contract by the board. Such failure may also be grounds for n onconsideration of salary increme nts affecting the teacher. For the fiscal years ending June 30, 2011, and June 30, 2012, a certified teacher shall not be required to complete any points of the total number of professional development points required. Provided, a teacher may elect to co mplete some or all of the minimum number of points required for the two (2) fiscal years and any points completed shall be counted toward the total number of points required to maintain employment. If a teacher does not complete some or all of the minimum number of points required for one (1) or both fiscal years, the total number of points required to maintain employment shall be adjusted and reduced by the number of points not completed. Teachers shall maintain written documentation of all their completed professional development. H. Each district shall annuall y submit a report to the State Department of Education on the district level professional development needs, activities completed, expenditures, and r esults achieved for each school year by each goal as provided in subsection C of this section. If a school district elects not to adopt and offer a professional development program as provided for in subsection A of this section, the district shall not be required to submit an annual report as requi red pursuant to this subsection but shall report to the State Department of Education its election not to offer a program and all professional development activities completed by teachers and administrators of t he school district. I. Subject to the availa bility of funds, the Department shall develop an online syste m for reporting as required in subsection H of this section. The Department shall also make such information available on its website. SECTION 3. AMENDATORY 70 O.S. 2021, Section 6-194.3, is amended to read as follows: ENR. H. B. NO. 1441 Page 6 Section 6-194.3 A. The State Department of Education and the Department of Mental Healt h and Substance Abuse Services, in consultation with school district superintendents and sch ool district boards of education, shall develop and make available to school districts information, training , and resources to hel p school employees recognize and a ddress the mental health needs of students. A local school district board of education shall require a training program for teachers which shall emphasize the importance of recognizing and addressing the mental health nee ds of students. The program shall be completed the first year a certified tea cher is employed by a school dis trict, and then once every third fifth academic year. B. The information made available to school districts shall include, but not be limited to: 1. Information about the servi ces provided by community-based organizations related to mental health, substance abu se, and trauma; 2. Information about the impact trauma and adverse childhood experiences can have on a student 's ability to learn; 3. The availability of mental health evaluation and treatment available by telemedic ine; and 4. Information about evidence -based strategies for prevention of at-risk behaviors. SECTION 4. AMENDATORY 70 O.S. 2021, Section 6 -195, is amended to read as follow s: Section 6-195. A. As funds are available, the State Department of Education in consultation with the Office of Educational Qu ality and Accountability sha ll administer an induction program for teachers which shall be approved by th e State Board of Education. Beginning with the 2015-2016 school year, each sc hool district shall participate in the induction program. The program sh all include, but not be limited to: 1. Guidance to school districts for successful induction programs; 2. Training for school districts to include the selection, function and duties of mentors; and ENR. H. B. NO. 1441 Page 7 3. Resources for appropriate p rofessional development, support, mentorship and coaching for the inductee and mentors. B. The induction program training shall be completed at a frequency as determined by the board of education. C. The State Board of Education may promulgate ru les for administration of the ind uction program. SECTION 5. AMENDATORY 70 O.S. 2021, Section 11 -103.6j, is amended to read as follows : Section 11-103.6j A. The State Department of Educatio n, in collaboration with the Oklahoma Department of Labor, shall make available to school districts i nformation regarding workplace safety training for grades seven through twelve. Such information shall include the Oklahoma Department of Labor's "Youth @ Work Talking Safety: A Safety and Health Curri culum for Young Workers". B. The State Department of Education shall encourage school districts to inform grade -seven through -twelve teachers about the importance of incorporating workplace safety training in their curriculum. C. A local school district board of education shall require a program for seventh-grade through twelfth-grade teachers which shall emphasize the importance of incorporating workplace safety training into curriculum. The program shall be completed the first year a certified teacher is employed by a school district, and then at a frequency as determined by the local board. D. The State Board of Educati on shall promulgate rules to implement the provisions of this act. SECTION 6. AMENDATORY 70 O.S. 2021, Sect ion 24-100.4, is amended to read as follows: Section 24-100.4 A. Each school district board of education shall adopt a policy fo r the discipline of all children attending public school in that district, and for the investigation of reported incidents of bullying. The policy shall provide options for the discipline of the students and shall define standards of conduct to which stud ents are expected to conform. The policy shall: ENR. H. B. NO. 1441 Page 8 1. Specifically address bull ying by students at school and by electronic communication, if the communication is specifically directed at students or school personnel and concerns bullying at school; 2. Contain a procedure for reporting an act of bullying to a school official or law enforcement agency, including a provision that permits a person to report an act anonymously. No for mal disciplinary action shall be taken solely on the basis of an anonymous report; 3. Contain a requirement that any school employee that has reliable information that would lead a reasonable person to suspect that a person is a target of bullying shall i mmediately report it to the principal or a designee of the principal; 4. Contain a statement of how the policy is to be publicized including a requirement that: a. an annual written notice of the policy be provided to parents, guardians, staff, volunteers and students, with age-appropriate language for students, b. notice of the policy be posted at various locations within each school site, including but no t limited to cafeterias, school bulletin boards, and administration offices, c. the policy be posted on the Internet website for the school district and each school site that has an Internet website, and d. the policy be included in all student and employe e handbooks; 5. Require that appropriate school district personnel involved in investigating reports of bullying make a determination regarding whether the conduct is actually o ccurring; 6. Contain a procedure for providing timely notification to the parents or guardians of a victim of documented and verified bullying and to the parents or guardians of the perpetrator of the documented and verified bullying; ENR. H. B. NO. 1441 Page 9 7. Identify by job title the school official responsible for enforcing the policy; 8. Contain procedures for reporting to law enforcement all documented and verified acts of bullying which may cons titute criminal activity or reasonably have the potential to endanger school safety; 9. Require annual training for administrators and school employees as developed and provided by the State Department of Education in preventing, identifying, responding t o and reporting incidents of bullying. The training shall be completed the f irst year an administrator or school employee is employed by a school district, and then once every fifth academic year; 10. Provide for an educational program as designed and developed by the State Depart ment of Education and in consultation with the Office of Juvenile Affairs for students a nd parents in preventing, identifying, r esponding to and repo rting incidents of bullying; 11. Establish a procedure for referral of a person who commits an act of bullying to a delinquency prevention and diversion pro gram administered by the Office of Juv enile Affairs; 12. Address prevention b y providing: a. consequences and remedial action for a person who commits an act of bullying, b. consequences and remedial actio n for a student found to have falsely accused a nother as a means of retaliation, reprisa l or as a means of bullying, and c. a strategy for providing counseling or referral to appropriate services, including guidance, academic intervention, and other protec tion for students, both targets and perpetrato rs, and family members affected by bullying, as necessary; 13. Establish a proced ure for: a. the investigation, determination and documentation of all incidents of bullying reported to school officials, ENR. H. B. NO. 1441 Page 10 b. identifying the principal or a designee of the principal as the person responsible for inve stigating incidents of bullying, c. reporting the number of i ncidents of bullying, and d. determining the severity of the incidents and their potential to result in fut ure violence; 14. Establish a procedure whereby, upon completing an investigation of bullying, a school may recommend that avai lable community mental health care, substance ab use or other counseling options be provided to the st udent, if appropriate; and 15. Establish a procedure whereby a sc hool may request the disclosure of any informatio n concerning students who have received mental health, substa nce abuse, or other care pu rsuant to paragraph 14 of this subsection that indica tes an explicit threat to t he safety of students or school personn el, provided the disclosure of the information does not violate the requirements and prov isions of the Family Educational Rights and Priv acy Act of 1974, the Health Insurance Portability and Accountability Act of 1996 , Section 2503 of Title 12 of the Oklah oma Statutes, Section 1376 of Title 59 of the Oklahoma Statutes, or any other state or fe deral laws regarding the disclosure of confident ial information. B. In developing the policy, the di strict board of education shall make an effort to involve the tea chers, parents, administrators, school staff, scho ol volunteers, community representatives, local law enforceme nt agencies and students. The students, teachers, and parents or guardian of ev ery child residing within a school district shall be notified by the district board of education of its adoption of the policy and shall receive a copy upon request. The schoo l district policy shall be implemented in a manner that is ongoing throughout th e school year and is integr ated with other violence prevention ef forts. C. The teacher of a child attending a publ ic school shall have the same right as a parent or guardian t o control and discipline such child according to district policies during the ti me the child is in attendance or in transit to or from the schoo l or any other school function authorized by the sc hool district or classroom presided over by the teacher. ENR. H. B. NO. 1441 Page 11 D. Except concerning students on individualized education plans (IEP) pursuant to the Individuals with Disabil ities Education Act (IDEA), P.L. No. 101-476, the State Board of Education shall not have authority to prescribe student discipl inary policies for sc hool districts or to proscr ibe corporal punishment in the public schools. The State Board of Education sha ll not have authority to require school districts to file student disciplinary action re ports more often than once each year and shall not use discip linary action reports in determining a school district's or school site's eligibility for program assistanc e including competitive grants. E. The board of education of each school district in th is state shall have the option of adopti ng a dress code for s tudents enrolled in the school district. The board of education of a school dis trict shall also have the o ption of adopting a dress code whic h includes school uniforms. F. The board of educatio n of each school district in this state shall have the option of adopting a procedure th at requires students to perform campus-site service for violating the district 's policy. G. The State Board of E ducation shall: 1. Promulgate rules for periodically m onitoring school districts for complianc e with this section a nd providing sanctions for noncompliance with this section; 2. Establish and ma intain a central repository for the collection of informat ion regarding documented and verified incidents of bullying; and 3. Publish a report annually on the State Department of Education website regar ding the number of documented and verified incidents of bullying in the public s chools in the state. SECTION 7. AMENDATORY 70 O.S. 2021, Secti on 24-100.7, is amended to read as follo ws: Section 24-100.7 A. The board of education of each school district in this state shall adopt a policy regarding suicide awareness and training, requir ing staff training and the reporting of student drug abuse. B. The board of education of each schoo l district in this state shall provide district-wide training to all staff on a biennial ENR. H. B. NO. 1441 Page 12 basis members in their first year employed by the school district, and then once every fifth academic year, addressing suicide awareness and preven tion. The Departmen t of Mental Health and Substance Abuse Services shall make available to school districts curriculum for staff which addresses suicide awareness and prevention, without cost to the school districts. The course outline for the curriculum shall be made available to the public online through the school dis trict website. Beginning with the 2021-2022 school year, every school district shall: 1. Provide a suicide prevention training program which includes as a core element evidence-based approaches; 2. Provide the curriculum made available by the Department of Mental Health and Substance Abuse Services; or 3. Provide a suicide prevention training program tha t is selected by the school district from a list maintained by t he Department of Mental Health and Subst ance Abuse Services to school district staff that addresses suicide awareness and prevention. The training program may be combined with any other train ing provided by the school district addressing bullying preventi on. C. Beginning with the 2022-2023 school year, the board of education of each school district may provide training to address suicide awareness and prevention to students in grades seven t hrough twelve. D. Teachers, counselors, principals, administrato rs and other school personnel shall be i mmune from employment discipline and any civil liability for: 1. Calling the 911 emergency telephone number, law enforcement or the Department of Hu man Services if they believe a student poses a threat to themselves or others or if a student has committed or been the victim of a violent act or threat o f a violent act; 2. Providing referral, emergency medical care or other assistance offered in good faith to a student or other youth; or 3. Communicating information in good faith concer ning drug or alcohol abuse or a potential safety threat by or to any student to the parents or legal guardians of the student, law enforcement officers or health care providers. ENR. H. B. NO. 1441 Page 13 E. No person shall have a cause of action for any loss or damage caused by any act or omission re sulting from the implementation of this section or resulting from any training, or lack thereof, required by this section, unless the loss or dama ge was caused by willful or wanton misconduct. F. The training requir ed pursuant to this section, or the lack thereof, shall not be construed to impose any s pecific duty of care. G. The board of education of each school district may enter into agreements with designated Youth Services Agencies for the provision of interven tion and prevention services. H. Teachers, counselors, principals, administrators or ot her school personnel, upon determining that a student is at risk of attempting suicide, shall n otify the parents or legal guardians of the student immediately upon dete rmining that such ri sk exists. SECTION 8. AMENDATORY 70 O.S. 2021, Section 1210.229-5, is amended to read as follow s: Section 1210.229-5 A. The State Superintendent of Public Instruction and State Department of Educa tion in conjunction with the Oklahoma Drug and Alcoh ol Abuse Policy Board shall: 1. Establish objective criteria, guidelines and a comprehensive integrated curriculum for substance abuse prog rams and the teaching of life skills in local schools and school districts; 2. Establish and review annually model policies for alcohol and drug abuse issues, including, but not limited to, policies regarding disciplinary actions and referral for services; 3. Develop and implement strategies which encourage all schools to employ guidance counselors trained in substanc e abuse prevention and life skills and to develo p and begin implementing quality substance abuse and life skills education programs; and 4. Develop guidelines and criteria to en courage teachers and administrators to receive in-service training on alcohol and drug abuse. The training or workshops should shall be included in the staff development point sy stem. The training or workshop shall be completed the first year a certified teacher is employed by a school district, and then once every third fifth academic year. ENR. H. B. NO. 1441 Page 14 B. The State Department of Educatio n shall distribute information or reports provided by the Oklahoma Drug and Alcohol Abuse Policy Board, to each school district an d, upon request, to members of the public. Upon request of the chief administ rator of a school or school district, the Depart ment shall provide technical assistance to schools an d school districts to implement policies and programs pursuant to guidelines provided by the Oklahoma Drug and Alcohol Abuse Policy Board and shall provide a clearinghouse program accessible by school di stricts to provide information about life skills and drug and alcohol abuse prevention curricula and programs. C. Final determination of materials to be used, means of implementation of the curriculum, and a ges and times at which students receive instruct ion about said life skills and drug and alcohol abuse prevention shall be made by the local school district board of education. The local school district, at least one (1) month prior to giving such instruction to students, shall conduct for parents and guardians of students involved, during weekend or evening hours, at least one presentati on concerning the plans for instruction and the materials to be used. No student shall be required to receive instruction about said life skills and drug and alcohol abuse prevention if a parent or guardian of the student objects in writing. SECTION 9. This act shall become effect ive July 1, 2023. SECTION 10. It being immediately necessary f or the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and af ter its passage and approval. ENR. H. B. NO. 1441 Page 15 Passed the House of Representatives the 23rd day of March, 2023. Presiding Officer of the House of Representatives Passed the Senate the 17th day of April, 2023. Presiding Officer of the Senate OFFICE OF THE GOVERNOR Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M. By: _________________________________ Approved by the Governor of t he State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M. _________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of St ate this __________ day of ___________________, 20_______, at _______ o'clock _______ M. By: _________________________________